Category: Remedial Law

— Remedial Law —

Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

September 24, 2020

FACTS: Respondent Ma. Lourdes Sienes filed a case for illegal dismissal and damages against petitioner alleging that her retrenchment was discriminatory and without basis. Petitioner argued that respondent was retrenched as part of its cost-cutting measures in order to prevent further losses. The Labor Arbiter issued a Decision dismissing the case. Aggrieved, respondent filed an… Read More Emcor v. Sienes G.R. No. 152101 September 8, 2009 Curative Statutes

— Remedial Law —

Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019

September 22, 2020

JURISDICTION OF METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS: Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in criminal cases. – Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts,… Read More Jurisdiction of the MeTC, MTC, MCTC, and the RTC under B.P. Blg. 129, as amended by R.A. 7691 and OCA Circular 45-2019

— Civil Law, Remedial Law —

LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

September 17, 2020

VICTORIA MANUFACTURING CORP. EMPLOYEES UNION v. VICTORIA MANUFACTURING CORP. G.R. No. 234446 July 24, 2019 The doctrine of estoppel by laches, pursuant to the ruling in Tijam, et al. v. Sibonghanoy, may operate to bar jurisdictional challenges. In that case, lack of jurisdiction was raised for the first time only in a motion for reconsideration filed… Read More LACHES; ESTOPPEL BY LACHES; Elements & Principles — Recent Rulings of the Supreme Court

— Remedial Law —

PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions

August 25, 2020

Disputable presumptions Presumption in favor of conjugality Presumption of authenticity and due execution Presumption of good faith Presumption of sound mind Presumption of validity Presumption of innocence of the accused Presumption of authenticity and due execution Concept —A presumption is an assumption of fact resulting from a rule of law which requires such fact to… Read More PRESUMPTIONS: Recent Rulings on the Concept, Disputable Presumptions, and other Evidentiary Presumptions

— Political Law, Remedial Law —

CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue

August 17, 2020

FACTS: Petitioner Chamber of Real Estate and Builders’ Association, Inc. (CREBA) is a non-stock, non-profit corporation, with almost 4,500 members, comprising of developers, brokers, appraisers, contractors, manufacturers, suppliers, engineers, architects, and other persons or entities engaged in the housing and real estate business. The ERC is a quasi-judicial and quasi-legislative regulatory body, as an administrative… Read More CREBA v. ERC G.R. No. 174697 July 8, 2010 Rule 65, Legal Standing, Transcendental Issue

— Remedial Law —

Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof

August 15, 2020

WRIT OF AMPARO ––      The petition for the writ of amparo partakes of a summary proceeding that requires only substantial evidence to make the appropriate interim and permanent reliefs available to the petitioner. (Gen. Bautista vs. Atty. Dannug-Salucon, G.R. No. 221862, Jan. 23, 2018) ––      The respondent who is a public… Read More Petition for Writ of Amparo; Concept; Application; Prohibited Pleadings; and Issuance thereof

— Remedial Law —

Peregrina v. Panis G.R. No. 56011. October 31, 1984 Conciliation Process at the Barangay Level, Condition Precedent for the Filing of Complaint

August 4, 2020

FACTS: Sps. Procopio and Carmelita Sanchez filed a civil action for damages for alleged disrespect for the dignity, privacy and peace of mind of the SPOUSES under Article 26 of the Civil Code, and for alleged defamation under Article 33 of the same Code against petitioners Elmer, Adelaida and Cecilia, all surnamed Peregrina, is The… Read More Peregrina v. Panis G.R. No. 56011. October 31, 1984 Conciliation Process at the Barangay Level, Condition Precedent for the Filing of Complaint

— Remedial Law —

VALLACAR TRANSIT, INC. v. JOCELYN CATUBIG G.R. No. 175512 May 30, 2011 Verification, Certification Against Forum Shopping

July 28, 2020

FACTS: Petitioner is engaged in the business of transportation and the franchise owner of a Ceres Bulilit bus with Plate No. T-0604-1348.  Respondent’s husband, Quintin Catubig, Jr. (Catubig), was driving a motorcycle on his way home from Dumaguete City with his employee, Teddy Emperado.  While approaching a curve, Catubig tried to overtake a slow moving… Read More VALLACAR TRANSIT, INC. v. JOCELYN CATUBIG G.R. No. 175512 May 30, 2011 Verification, Certification Against Forum Shopping